People v. Gaspard

VALLÉE, J.

In a non jury trial defendant was convicted of having, on October 28, 1958, received money offered as a bet on a horse race. (Pen. Code, § 337a, subd. 3.) He was sentenced to three months in the county jail. Sentence was suspended and he was granted probation. He appeals from the order “entered on the 25th day of March, 1959.” The

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order referred to is the judgment and an order denying his motion for a new trial.

On October 28, 1958, George Lewis, a Los Angeles police officer, in an undercover capacity went into a poolroom on South Broadway in Los Angeles. He sat at a counter. He saw defendant talking to various people in the place, saw him looking at various racing publications, and saw him take money from about five individuals. At intervals defendant went to a small room in the rear of the place in which there was a telephone. He closed the door, and came out in about 30 seconds. About 10 minutes after he entered the poolroom Officer Lewis saw a person unknown to him come into the place, approach defendant, and heard him say to defendant, “Get me down for $5 on Number 2 in the 6th at Tanforan.” Defendant replied, “Okay.” The unknown person gave defendant a $5.00 bill and left. Defendant put the bill into his pocket. Several minutes later the unknown person returned and said to defendant, “Hey, Gas, did you get that bet in for me?” Defendant replied, “No, but I will take care of it right now.” Defendant then walked to the rear of the place, went into the small room, and closed the door.

Tanforan is a race track in California at which a horse race meeting was being held. A horse named “Lycos Son” was running in the sixth race in the second post position at Tanforan that day.

Defendant did not testify or offer any evidence.

Defendant says he knows “of no case upholding conviction upon such paucity of detail and evidence and it is manifestly evident to us despite the suspicion visited upon the case at bar. ’ ’ The only requirement of Penal Code, section 337a, subdivision 3, is that the accused receive money as a bet on a race or a purported race.

(People

v.

Abrams,